Shawn Aiken devotes a substantial portion of his practice to
mediation and
arbitration and was selected by The
Best Lawyers in America as Lawyer of the Year (Mediation, Phoenix) for both
2012 and 2015.

The Maricopa County Superior Court has appointed Shawn as
special master on several cases over the past five years. He currently serves as
master in two large matters, including one case involving one of Arizona’s
utilities and another concerning complex electronic discovery and related
issues.

During nearly 30 years of state and federal trial and appellate work,
Shawn Aiken has
represented clients in trademark, trade dress, partnership and closely held
shareholder disputes; violations of non-competition covenants; mismanagement,
fraud and breaches of fiduciary duty; RICO; interference with and inducing
breach of contract; trade secrets; breach of contract; misrepresentation; and
unfair competition cases.

Lead counsel on hundreds of litigated cases, including a plaintiff’s bad faith
jury verdict of over $1 million and nearly 25 other trials to judgment

Prevailed in a 2015 constitutional challenge against the State of Arizona seeking to restore to Arizona cities and towns the authority to set the minimum wage within their jurisdictions

In a 2015 New Mexico arbitration, achieved a favorable award,
including resolution of over $3 million in claims, in an investment partnership
dissolution stemming from the adverse party’s mismanagement of partnership
assets

Also in 2015, obtained a multimillion-dollar award for a local real estate development client in a dispute with a longtime investment partner

In 2014, successfully challenged the
Arizona Sports and Tourism Authority tax that funded construction of the Arizona Cardinals’ University of Phoenix Stadium, on behalf of plaintiffs seeking a refund of over $100 million

Successfully defended to judgment numerous bankruptcy discharge actions totaling
over $30 million and a breach of contract claim exceeding $30 million against a
local government

Successfully certified class of taxpayers seeking refunds of over $30 million
from the State of Arizona

ADR Experience and Qualifications

Shawn Aiken has conducted hundreds of mediations, settlement conferences, and jury trials as
arbitrator, mediator, and judge pro tempore. He is a Fellow of the College of Commercial Arbitrators
and a Charter Member (Arizona) of the National Academy of Distinguished Neutrals.

Shawn has mediated nearly 300 commercial disputes (see
representative mediation engagements), including those involving lenders, borrowers, and guarantors;
commercial leaseholders and tenants;
business partners, including closely-held shareholders, co-venturers, members of
limited liability companies, and family members;
residential and commercial construction projects; and
claims of breaches of fiduciary duty, unfair competition, fraud,
misrepresentation, breach of contract, interference with contract,
misappropriation of corporate opportunity, and lost profits.

In addition, Shawn has served as sole arbitrator (see
representative arbitration matters) in cases involving business and commercial claims ranging from
$200,000 to $100 million and other remedies, including injunctive relief, implied
license, and reasonable royalty in matters concerning, for example, sales of businesses; shareholder and operating agreements, especially non-compete, anti-piracy,
buy-sell, and similar provisions; crop insurance coverage; insurance agency sales and shareholder agreements; franchise agreements; and construction agreements.

He has served on three-member arbitration panels (frequently as chair) in matters
ranging from $10 million to over $90 million in dispute involving, for example,
employment, inter-governmental, utility service, real estate development, and
other agreements; appraisal and valuation of hotel and other commercial
properties and leasehold interests; dissolution of medical, legal and other
partnerships; and, investment banking agreements.

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The Best Lawyers in America® 2015. Copyright 2014 by Woodward/White,
Inc., Aiken, SC